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Wrongful Death

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After the loss of a loved one, the pain can be unbearable. Grief can be overwhelming. Depending on the circumstances, it can be difficult to get out of bed. It can be even more challenging to consider legal action. At some point, the ones left behind have to decide whether pursuing a wrongful death claim is necessary.

That question is likely to produce additional questions. What makes a successful wrongful death suit? What is involved in pursuing the claim? Are there time limitations? Who should should we pursue?  Will it be worth it? What is the process?  What should we do first? Are there things we shouldn’t do? Are there things we shouldn’t say? When should we start? How can I find the best lawyer to talk with about these issues?

The Wilmington wrongful death lawyers at Speaks Law Firm are available to answer these questions. You can call us now. You can also chat with one of our on-line operators or fill out the “Get Help Now” form on this page. Below, we answer some basic questions. Call as more specific questions arise.

What is Wrongful Death?

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A wrongful death claim arises when one person dies as a result of the negligent or intentional conduct of another. How the family responds to the tragedy could determine whether the claim is successful or not. Evidence must preserved.  Causation must be established. Our wrongful death lawyers take care of everything. We can help you recover all of the compensation to which you are entitled under the law.

Typical Causes of Wrongful Death

When a person dies under these circumstances, it is typically the family who must pursue the wrongful death claim.

Different from a Criminal Prosecution

Stock photo of a mother comforting her two teenage sons following the death of a loved one.

A wrongful death claim is different from a criminal prosecution. The district attorney’s office may pursue a criminal conviction whether you participate or not. The purpose of the criminal prosecution is to punish the perpetrator. The purpose of the wrongful death claim is to compensate the victim and his or her family for their loss. A wrongful death claim may be available whether the death was intentional or accidental.

Recoverable Losses

The losses for which survivors may recover include:

  • Medical Expenses
  • Funeral Expenses
  • Loss of Future Earnings
  • Punitive Damages
  • Loss of Benefits
  • Pain and Suffering
  • Mental Anguish
  • Loss of Companionship
  • Other General Damages

Immediate Action Required

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After a serious injury or wrongful death it may be difficult to think about legal action. However, the law requires you to act quickly or you may not be able to act later. Also, key elements of your claim can be lost in time such witnesses, memories and other evidence that will be necessary to prove your claim.

We can help. We can answer questions. We can make sure the case is set up correctly from the beginning. We can help you avoid harmful, costly mistakes.

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Filing a claim and calculating damages can be factually complicated, legally complex and emotionally difficult. The wrongful death lawyers at Speaks Law Firm can walk you through the entire process. We take care of everything. We gather evidence, construct legal theories, and tell the story of loss and how others are affected by it.

Our Experience

Photo of R. Clarke Speaks, a wrongful death lawyer in Wilmington, North Carolina.

We have represented thousands of individuals and businesses all over North Carolina, Virginia, South Carolina, Georgia, and Florida. In addition, Clarke has argued before the North Carolina Supreme Court and the Fourth Circuit Court of Appeals on several ground-breaking legal issues. He has been interviewed by Lawyer’s Weekly and various news programs. He is a frequent speaker, nationally recognized lawyer and the author of books, magazines and articles including the North Carolina Auto Injury Book, the Road to Recovery, and ProClaim. Speaks Law Firm has represented people against the state and federal government, Fortune 500 Companies, large Universities and nearly every major insurance company operating in North Carolina.

Questions? We will answer them free. Call 24 hours a day, 7 days a week. There is no obligation.


You will find helpful information prepared exclusively for you by our Wilmington wrongful death lawyers right here on this site. In addition, you can call (910) 341-7570, chat 24/7 or email 24/7 for immediate answers to your legal questions. If you are researching in order to find the best lawyer for you, you can find what you need here. Finally, you can find reviews of our work written by our clients by reading “Client Testimonials“.

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